Oakland Accident Attorneys - Bay Area Accident Law Attorneys Based in Oakland

	family medical leave Over the past 30 years, the number of women, including mothers, entering the workforce has increased substantially. Most women are the primary caregivers in their families and they now represent nearly half (46%) of the total U.S. workforce. Sixty-two percent of women age 16 and over with children under 6 were in the labor force in 2004. What is the Family Medical Leave Act? 1n 1993, the U.S. government enacted the Family Medical Leave Act, which provides up to 12 weeks of unpaid leave to employees who need time off due to their own serious health condition, to care for children, spouses or parents with a serious health condition or to care for newborns, newly adopted or foster children. California law provides nearly identical protection under the California Family Rights Act. What constitutes a serious health condition? A "serious health condition" is a chronic condition, one requiring hospitalization or one that has or will require missing more than three consecutive calendar days from work. Your employer can require you to provide medical certification from your doctor regarding the serious health condition for which you require leave. Your employer should provide you with a form the health care provider will complete. The completed form can provide enough information to indicate a leave is necessary. To prevent unwarranted intrusion into your privacy or the privacy of your family members, you are not required to disclose the diagnosis or nature of the serious health condition. Am I eligible for coverage? To be eligible for coverage under the medical leave laws, your employer must employ 50 or more full or part-time employees within a 75-mile radius. You must have worked for that employer for a total of 12 months, although the 12 months need not be consecutive. You must also have worked 1250 hours during the 12 month period prior to the start of the leave. Your employer is required to post notice explaining family/medical leave laws in a prominent location in your place of employment. If your employer intends to count time off as family/medical leave, it is required to notify you in writing. Will I be paid while on leave? Medical leave is generally unpaid. You can choose to use or your employer may require you to use accrued leave, consistent with your employer’s practices. While you are on leave, your employer must maintain health coverage, including family coverage, on the same terms as if you were working. Once you return, you must be returned to your original job or an equivalent job, which means virtually identical with respect to pay, benefits, and other terms and conditions of employment. Intermittent or reduced work schedules You are permitted to use intermittent or reduced-schedule leave for your own serious health condition or to care for your child, spouse or parent. You cannot use intermittent or reduced-schedule leave for a new child unless your employer agrees. You are obligated to work with your employer to schedule intermittent or reduced-schedule leave to minimize disruption as much as possible consistent with your health care provider’s instructions. If you qualify for family/medical leave, it is unlawful for your employer to interfere with your right to take that leave or discriminate against you for requesting information regarding family/medical leave. The employment law practice group of Boxer & Gerson is experienced in successfully representing employees in family/medical leave cases. If you have been denied family/medical leave or have been discriminated against for seeking to take such leave, please call us at 510-835-8870 or click here to complete our contact form.